Tap to CallWhen Does Negligent Hiring Apply to a Truck Accident Claim?
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to hire qualified drivers who are trained and physically able to meet the demands of the job. As part of the hiring process, motor carriers must vet potential employees through a driver qualification (DQ) process that reviews the driver’s safety record, employment history, proof of licensure, history of any drug and alcohol violations, medical qualifications, and road test results. When a truck company fails to meet these standards and a crash occurs, accident victims may be able to hold the company liable for negligent hiring. Attorneys investigating cases of negligent hiring in truck accidents often review the driver’s qualifications and the carrier’s hiring and screening practices as part of the legal process.
What Background Checks Should a Trucking Company Complete Before Hiring Drivers?
State and federal laws require motor carriers to conduct certain background checks on prospective truck drivers to identify red flags that may indicate a driver poses a risk of causing a commercial vehicle accident. For example, FMCSA directs trucking companies to perform the following background checks on drivers:
- An inquiry to each state where the truck driver holds or held a driver’s license during the previous three years to obtain a copy of their motor vehicle record (MVR). The MVR must be in the driver’s DQ file within 30 days of when employment begins.
- An investigation of the truck driver’s safety performance record from any prior U.S. Department of Transportation-regulated employers for the preceding three years.
- An investigation into a truck driver’s general identification and employment verification information, and records of any accidents the driver was involved in over the previous three years.
- An investigation into any past violations of alcohol and drug prohibitions.
Trucking companies can search the Drug and Alcohol Clearinghouse, maintained by FMCSA, for records about a CDL or CLP holder’s drug and alcohol violations, including positive test results and test refusals. FMCSA also maintains the Pre-Employment Screening Program, which provides motor carriers with drivers’ federal safety records.
What Is Negligent Hiring in the Commercial Trucking Industry?
Negligent hiring in the trucking industry can involve a motor carrier’s:
- Failure to conduct required background checks
- Failure to make reasonable efforts to conduct required or diligent background checks
- Negligent hiring practices, such as overlooking or intentionally disregarding information uncovered during a background check
Examples of circumstances that may support a negligent hiring truck accident claim include:
- A motor carrier fails to confirm an applicant’s personal information and employment history.
- A trucking company fails to use reasonable efforts to contact and obtain information and records from the applicant’s previous employer(s).
- A motor carrier does not request driving records from each state in which an applicant has recently held a driver’s license.
- A company fails to search state and federal trucking industry databases.
- Company officials miss warning signs that would cause a reasonable trucking company to decline to hire a driver.
- A trucking company knowingly hires a driver with a dangerous driving record.
When Does Negligent Hiring Arise in a Truck Accident Claim?
A trucking company may be liable for a truck accident caused by negligent hiring if it fails to identify safety concerns that a reasonable background check would have revealed, or if it disregards those risks and hires a driver anyway.
Common red flags that could support a lawsuit for negligent hiring include:
- Past motor vehicle collisions that the driver caused
- Multiple traffic violations, especially for offenses like cell phone use, distracted driving, speeding, or reckless driving
- History of violations of state and federal trucking safety regulations (e.g., pre-trip inspections or hours-of-service rules)
- Terminations from prior trucking jobs for safety violations
- Past DUI arrests and convictions
- Prior failed alcohol and drug tests
- Past alcohol/drug testing refusals
What Evidence Can Show Negligent Hiring Caused a Truck Accident?
Proving negligent hiring in a truck accident generally requires a crash victim to show a truck driver’s conduct caused the wreck and that the trucking company was negligent in hiring the driver. A truck accident attorney may rely on various forms of evidence to support the claim, such as:
- Commercial driver’s license (CDL) records
- The truck driver’s motor vehicle records (MVR)
- The employer’s DQ file
- The driver’s employment history
- The driver’s history of previous truck crashes
- Drug and alcohol test results
- Road test results
- Medical qualification records
- Company hiring policies and procedures
- The driver’s personnel records
- Police reports, accident scene photos, witness testimony, and other relevant documentation
Because the opportunity to secure this evidence can disappear quickly after a semi-truck accident, accident victims should seek legal representation as soon as possible following a collision.
Contact a Virginia Truck Accident Lawyer at Lichtenstein Law Group
Pursuing a negligent hiring claim against a trucking company is a complex undertaking, and many of the records necessary to build a robust case are not easily accessible to the public. That’s where Lichtenstein Law Group can help.
Our legal team has advocated for the rights of injured clients since 1992. With nearly 100 years of combined experience, our attorneys bring extensive litigation experience and a client-centered approach to every truck accident case, providing each client with the personalized attention they deserve. While you rest and recover from your injuries, our attorneys can gather compelling evidence, build your truck accident claim, file it with the insurance company, and pursue maximum compensation for your losses.
Call or contact us today for a free consultation with our trusted truck accident attorneys.
